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Excess Debt before after separation before divorce

  • nannon8
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7 months 11 hours ago #511657 by nannon8
Hi, We've been separated for 3 weeks now and I don't believe we can salvage the marriage. She is home and I'm living else where.
I was go to wait 6 months for her final decision, but I believe she's going to use this time to spend, spend, spend on a new kitchen and bathroom. etc.
Will the court notice this and exclude from the settlement. So she'll need to pay the debt herself.
Also does the court after divorce papers are issued, still take any spending after between papers and court date?

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  • hadenoughnow
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6 months 3 weeks ago #511684 by hadenoughnow
Where would the money come from?

Debts accrued post [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] may be seen as sole debts. It depends on how debts were accrued and who benefited.

During the financial disclosure process you will be asked to produce details of spending going back twelve months. You will also be able to ask questions about it.

As part of the process of financial settlement mediation has to be tried. If you end up taking the matter to court, it will be up to you to draw the court’s attention to specific matters of concern.


Hadenoughnow

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  • JC1969
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6 months 3 weeks ago #511699 by JC1969
If you think divorce is inevitable and she's spending on marital home surely these improvements will help property gain a better price, assuming you'd have to sell and split proceeds i.e. if this is your sole property and you have no kids.

If you are sure marriage is not salvageable and you have grounds to file a petition you might as well start the process as these things can really drag on.

Clearly get some advice if you're unsure about process. I believe it is mandatory for couples to get mediation before taking case to court - hopefully you can get this sorted amicably but in my experience if the horse has already bolted it's best to get closure and go all the way to decree [url=Glossary/General/Absolute.html ]absolute[/url] as quickly as you can.

Best of luck

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